Getting sick should not cost you your job or financial security. Whether you’re managing a temporary medical condition or facing a long-term disability, you have legal rights to protect your income and employment.
Understanding the difference between medical accommodation and long-term disability (LTD) leave is crucial. One allows you to keep working with adjustments; the other replaces your income when you can’t work at all. Knowing which applies to your situation can help you make informed decisions and protect yourself if your employer or insurer doesn’t play fair.
What is medical accommodation?
Medical accommodation is a request from an employee to an employer to modify your job duties or the workplace to accommodate symptoms related to your medical condition. You may require medical accommodation if your condition restricts or limits your ability to do your job like you normally would.
When you need medical accommodation.
If you have a medical condition that limits how you can perform your job, your employer has a duty to reasonably accommodate you, to the point of undue hardship. Simply put, the employer should work with you if medical restrictions or limitations require accommodation for you to do your job.
Example:
Suppose you have been prescribed a medication that makes you drowsy and therefore you cannot drive safely. If you can do your job remotely and your employer offers remote work, the employer should accommodate you upon request. Make sure you deliver a note from your doctor supporting the need for accommodation.
Medical accommodation may require:
- Modified duties
- Flexible hours or remote work
- Temporary reassignment
- Environmental changes
It’s important to distinguish between medical accommodation and long-term disability as they are not the same. Medical accommodation allows you to keep working with adjustments while LTD allows you to stop working while receiving income replacement.
When you need long term disability leave
If you suffer from a condition that completely prevents you from doing your job, you may need to apply for long term disability (“LTD”). LTD is an income replacement benefit found in your employer’s group benefits policy. The disability coverage is intended to supplement your income if you are unable to work due to injury or illness.
To submit an application for LTD benefits, you typically need three forms:
- Plan Member Statement, completed by you
- Attending Physician Statement, completed by your doctor.
- Plan Sponsor Statement, submitted by your employer.
Submitting these three forms completes the LTD application process. The insurance company will then either approve, deny or pend your claim (if it requires further information).
If the insurance company pushes you to return too soon
If you’re on LTD, there may come a time when the insurance company is suggesting you attempt a return to work with accommodation. Simply because the insurer suggests a return to work, does not mean you have to automatically comply. Ensure you have clearance from your doctor before returning to the workplace.
If you are attempting a gradual return to work and require accommodation, work with your insurer and your employer (and maybe even your doctor) to ensure the appropriate accommodations are put in place to avoid the risk of medical relapse.
If your attempted return to work has failed and the insurer has cut off your LTD benefits, it’s time to get a lawyer involved.
The disability legal team at Whitten & Lublin can help if your LTD claim was wrongfully denied or your benefits terminated too soon. You’ve paid premiums for the LTD coverage and the right lawyer can help you challenge the wrongful denial of your benefits. We offer free consultations for short and long term disability claims. Contact us online or call (416) 640-2667.
